§6202. Definitions — Inbound Citations
7 U.S.C. § 6202
Cited by 334 provisions in release 119-102.
Citations to §6202(1)
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(1) The Board shall be composed of—(A) 3 members who are producers and who are not exempt from an assessment under subsection (d)(5)(A);(B) 3 members who are importers and who are not exempt from an assessment under subsection (d)(5)(A); and(C) one member appointed from the general public.(B) The 3 members who are producers shall be appointed from individuals nominated by lime producers.(C) The 3 members who are importers shall be appointed from individuals nominated by lime importers.(D) The public representative shall be appointed from nominations of the Board.(E) If producers and importers fail to nominate individuals for appointment, the Secretary may appoint members on a basis provided for in the order. If the Board fails to nominate a public representative, such member may be appointed by the Secretary without a nomination.(F) The Secretary shall establish an initial Board from among nominations solicited by the Secretary. For the purpose of obtaining nominations for the members of the initial Board described in paragraph (1), the Secretary shall perform the functions of the Board under this subsection as the Secretary determines necessary and appropriate. The Secretary shall terminate the initial Board established under this subsection as soon as practicable after December 14, 1993.(G) The producer and importer representation on the Board shall be allocated on the basis of 2 producer members and 1 importer member from the district east of the Mississippi River and 1 producer member and 2 importer members from the district west of the Mississippi River.(A) be appointed in the same manner as the member for whom such individual is an alternate; and(B) serve on the Board if such member is absent from a meeting or is disqualified under paragraph (5).(4) The initial members of the Board appointed under the amended order shall serve a term of 30 months. Subsequent appointments to the Board shall be for a term of 3 years, except that—(A) 2 members shall be appointed for a term of 1 year;(B) 2 members shall be appointed for a term of 2 years; and(C) 3 members shall be appointed for a term of 3 years;as designated by the Secretary at the time of appointment.(5) If a member or alternate of the Board who was appointed as a producer, importer, or public representative ceases to belong to the group for which such member was appointed, such member or alternate shall be disqualified from serving on the Board.(6) Members and alternates of the Board shall serve without pay.(7) While away from their homes or regular places of business in the performance of duties for the Board, members and alternates shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under section 5703 of title 5.(8) The Board shall—(A) administer orders issued by the Secretary under section 6203(a) of this title, and amendments to such orders, in accordance with their terms and provisions and consistent with this chapter;(B) prescribe rules and regulations to effectuate the terms and provisions of such orders;(D) make recommendations to the Secretary with respect to amendments that should be made to such orders; and(E) employ a manager and staff.
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(1) The Board shall be composed of—(A) 3 members who are producers and who are not exempt from an assessment under subsection (d)(5)(A);(B) 3 members who are importers and who are not exempt from an assessment under subsection (d)(5)(A); and(C) one member appointed from the general public.
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(D) The public representative shall be appointed from nominations of the Board.
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(F) The Secretary shall establish an initial Board from among nominations solicited by the Secretary. For the purpose of obtaining nominations for the members of the initial Board described in paragraph (1), the Secretary shall perform the functions of the Board under this subsection as the Secretary determines necessary and appropriate. The Secretary shall terminate the initial Board established under this subsection as soon as practicable after December 14, 1993.
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(A) be appointed in the same manner as the member for whom such individual is an alternate; and(B) serve on the Board if such member is absent from a meeting or is disqualified under paragraph (5).
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(B) serve on the Board if such member is absent from a meeting or is disqualified under paragraph (5).
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(4) The initial members of the Board appointed under the amended order shall serve a term of 30 months. Subsequent appointments to the Board shall be for a term of 3 years, except that—(A) 2 members shall be appointed for a term of 1 year;(B) 2 members shall be appointed for a term of 2 years; and(C) 3 members shall be appointed for a term of 3 years;as designated by the Secretary at the time of appointment.
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(6) Members and alternates of the Board shall serve without pay.
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(7) While away from their homes or regular places of business in the performance of duties for the Board, members and alternates shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under section 5703 of title 5.
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(8) The Board shall—(A) administer orders issued by the Secretary under section 6203(a) of this title, and amendments to such orders, in accordance with their terms and provisions and consistent with this chapter;(B) prescribe rules and regulations to effectuate the terms and provisions of such orders;(D) make recommendations to the Secretary with respect to amendments that should be made to such orders; and(E) employ a manager and staff.
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(1) The Board shall prepare and submit to the Secretary a budget (on a fiscal period basis determined by the Secretary) of the anticipated expenses and disbursements of the Board in the administration of the order, including probable costs of research, promotion, and consumer information. A budget shall take effect on the approval of the Secretary.
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(2) Each budget shall include a plan for research, promotion, and consumer information regarding limes. A plan under this paragraph shall take effect on the approval of the Secretary. The Board may enter into contracts and agreements, with the approval of the Secretary, for—(A) the development and carrying out of such plan; and(B) the payment of the cost of such plan with funds collected pursuant to this chapter.
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(4) The assessment on imported limes shall be paid by the importer at the time of entry into the United States and shall be remitted to the Board.
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(6) To claim an exemption under paragraph (5) for a particular year, a person shall submit an application to the Board—(A) stating the basis for such exemption; and(B) certifying that such person will not exceed the limitation required for such exemption in such year.
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(1) Such order shall provide that funds paid to the Board as assessments under subsection (d)—(A) may be used by the Board to—(i) pay for research, promotion, and consumer information described in the budget of the Board under subsection (c) and for other expenses incurred by the Board in the administration of an order;(ii) pay such other expenses for the administration, maintenance, and functioning of the Board as may be authorized by the Secretary; and(iii) fund a reserve established under section 6205(4) of this title; and(B) shall be used to pay the expenses incurred by the Secretary, including salaries and expenses of Government employees in implementing and administering the order, except as provided in paragraph (2).
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(A) may be used by the Board to—(i) pay for research, promotion, and consumer information described in the budget of the Board under subsection (c) and for other expenses incurred by the Board in the administration of an order;(ii) pay such other expenses for the administration, maintenance, and functioning of the Board as may be authorized by the Secretary; and(iii) fund a reserve established under section 6205(4) of this title; and
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(i) pay for research, promotion, and consumer information described in the budget of the Board under subsection (c) and for other expenses incurred by the Board in the administration of an order;
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(2) Such order shall provide that the Board shall reimburse the Secretary, from assessments collected under subsection (d), for any expenses incurred by the Secretary in conducting referenda under this chapter, except for the salaries of Government employees.
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(g) Such order shall provide that funds collected by the Board under this chapter through assessments authorized by this chapter may not, in any manner, be used for the purpose of influencing legislation or governmental policy or action, except for making recommendations to the Secretary as provided for in this chapter.
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(A) to maintain books and records with respect to the receipt and disbursement of funds received by the Board;
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(2) So that information and data will be available to the Board and the Secretary that is appropriate or necessary for the effectuation, administration, or enforcement of this chapter (or any order or regulation issued under this chapter), such order shall require handlers, producer-handlers, and importers who are responsible for the collection, payment, or remittance of assessments under subsection (d)—(A) to maintain and make available for inspection by the employees of the Board and the Secretary such books and records as may be required by the order; and(B) to file, at the times, in the manner, and having the content prescribed by the order, reports regarding the collection, payment, or remittance of such assessments.
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(1) Such order shall require that all information obtained pursuant to subsection (h)(2) shall be kept confidential by all officers and employees of the Department and of the Board. Only such information as the Secretary considers relevant shall be disclosed to the public and only in a suit or administrative hearing, brought at the request of the Secretary or to which the Secretary or any officer of the United States is a party, involving the order with respect to which the information was furnished or acquired.
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On the recommendation of the Board and with the approval of the Secretary, an order issued under section 6203(a) of this title may—
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(1) provide authority to the Board to exempt from such order limes exported from the United States, subject to such safeguards as the Board may establish to ensure proper use of the exemption;
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(4) provide authority to the Board to accumulate reserve funds from assessments collected pursuant to section 6204(d) of this title to permit an effective and continuous coordinated program of research, promotion, and consumer information, in years in which production and assessment income may be reduced, except that any reserve fund so established may not exceed the amount budgeted for operation of this chapter for 1 year;
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(5) provide authority to the Board to use, with the approval of the Secretary, funds collected under section 6204(d) of this title for the development and expansion of lime sales in foreign markets; and
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(A) If—(i) the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and(ii) the plan is not approved pursuant to the referendum conducted under subsection (a);the Board shall prorate the amount of such refunds among all eligible producers, producer-handlers, or importers who demand such refund.
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(i) if demand is made personally, in accordance with regulations and on a form and within a time period prescribed by the Board, but in no event less than 90 days after the date of publication of the results of the referendum; and
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(1) at the request of the Board; or
Citations to §6202(2)
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(6) a coordinated program of research, promotion, and consumer information regarding limes is necessary for the maintenance and development of such markets; and
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(1) to authorize the establishment of an orderly procedure for the development and financing (through an adequate assessment) of an effective and coordinated program of research, promotion, and consumer information regarding limes designed—
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(a) Subject to this chapter, and to effectuate the declared purposes of this chapter, the Secretary shall issue and, from time to time, amend lime research, promotion, and consumer information orders applicable to handlers, producers, producer-handlers, and importers of limes. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
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(1) The Board shall prepare and submit to the Secretary a budget (on a fiscal period basis determined by the Secretary) of the anticipated expenses and disbursements of the Board in the administration of the order, including probable costs of research, promotion, and consumer information. A budget shall take effect on the approval of the Secretary.
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(2) Each budget shall include a plan for research, promotion, and consumer information regarding limes. A plan under this paragraph shall take effect on the approval of the Secretary. The Board may enter into contracts and agreements, with the approval of the Secretary, for—(A) the development and carrying out of such plan; and(B) the payment of the cost of such plan with funds collected pursuant to this chapter.
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(i) pay for research, promotion, and consumer information described in the budget of the Board under subsection (c) and for other expenses incurred by the Board in the administration of an order;
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(4) provide authority to the Board to accumulate reserve funds from assessments collected pursuant to section 6204(d) of this title to permit an effective and continuous coordinated program of research, promotion, and consumer information, in years in which production and assessment income may be reduced, except that any reserve fund so established may not exceed the amount budgeted for operation of this chapter for 1 year;
Citations to §6202(3)
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(B) a producer-handler who produces and handles less than 200,000 pounds of limes per year; and
Citations to §6202(4)
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(a) Subject to this chapter, and to effectuate the declared purposes of this chapter, the Secretary shall issue and, from time to time, amend lime research, promotion, and consumer information orders applicable to handlers, producers, producer-handlers, and importers of limes. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
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(2) Except as provided in paragraph (4), the first handler of limes shall—
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(3) For purposes of paragraph (2), a producer-handler shall be considered the first handler of limes produced by such producer-handler.
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(2) So that information and data will be available to the Board and the Secretary that is appropriate or necessary for the effectuation, administration, or enforcement of this chapter (or any order or regulation issued under this chapter), such order shall require handlers, producer-handlers, and importers who are responsible for the collection, payment, or remittance of assessments under subsection (d)—(A) to maintain and make available for inspection by the employees of the Board and the Secretary such books and records as may be required by the order; and(B) to file, at the times, in the manner, and having the content prescribed by the order, reports regarding the collection, payment, or remittance of such assessments.
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(A) issuance of general statements based on the reports of a number of handlers, producer-handlers, and importers subject to an order, if the statements do not identify the information furnished by any person; or
Citations to §6202(5)
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(a) Subject to this chapter, and to effectuate the declared purposes of this chapter, the Secretary shall issue and, from time to time, amend lime research, promotion, and consumer information orders applicable to handlers, producers, producer-handlers, and importers of limes. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
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(B) 3 members who are importers and who are not exempt from an assessment under subsection (d)(5)(A); and
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(4) The assessment on imported limes shall be paid by the importer at the time of entry into the United States and shall be remitted to the Board.
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(2) So that information and data will be available to the Board and the Secretary that is appropriate or necessary for the effectuation, administration, or enforcement of this chapter (or any order or regulation issued under this chapter), such order shall require handlers, producer-handlers, and importers who are responsible for the collection, payment, or remittance of assessments under subsection (d)—(A) to maintain and make available for inspection by the employees of the Board and the Secretary such books and records as may be required by the order; and(B) to file, at the times, in the manner, and having the content prescribed by the order, reports regarding the collection, payment, or remittance of such assessments.
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(A) issuance of general statements based on the reports of a number of handlers, producer-handlers, and importers subject to an order, if the statements do not identify the information furnished by any person; or
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(a) Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title, the Secretary shall conduct a referendum among producers, producer-handlers, and importers who—(1) are not exempt from assessment under section 6204(d)(5) of this title; and
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(b) The referendum referred to in subsection (a) is for the purpose of determining whether the issuance of the order is approved or favored by not less than a majority of the producers, producer-handlers, and importers voting in the referendum. The order shall continue in effect only with such a majority.
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(1) A portion of the assessments collected from producers, producer-handlers, and importers prior to announcement of the results of the referendum provided for in this section shall be held in an escrow account until the results of the referendum are published by the Secretary. The amount in the escrow account shall be equal to the product obtained by multiplying the total amount of assessments collected during such period by 10 percent.
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(2) If the order is approved by a majority of the producers, producer-handlers, and importers voting in the initial referendum under subsection (a), the funds in the escrow account shall be released to be used for the purposes of this chapter.
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(A) If—(i) the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and(ii) the plan is not approved pursuant to the referendum conducted under subsection (a);the Board shall prorate the amount of such refunds among all eligible producers, producer-handlers, or importers who demand such refund.
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(i) the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and
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(B) A producer, producer-handler, or importer shall be eligible to receive a refund—(i) if demand is made personally, in accordance with regulations and on a form and within a time period prescribed by the Board, but in no event less than 90 days after the date of publication of the results of the referendum; and
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(b) The Secretary may periodically conduct a referendum to determine if lime producers, producer-handlers, and importers favor the continuation, termination, or suspension of any order issued under section 6203(a) of this title and in effect at the time of such referendum.
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(2) if not less than 10 percent of the lime producers, producer-handlers, and importers subject to assessment under this chapter submit a petition requesting such a referendum.
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(2) the producers, producer-handlers, and importers comprising this majority produce and import more than 50 percent of the volume of limes produced and imported by those voting in the referendum.
Citations to §6202(6)
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(4) in recent years, large quantities of limes have been imported into the United States;
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(6) a coordinated program of research, promotion, and consumer information regarding limes is necessary for the maintenance and development of such markets; and
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(1) to authorize the establishment of an orderly procedure for the development and financing (through an adequate assessment) of an effective and coordinated program of research, promotion, and consumer information regarding limes designed—
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(2) to treat domestically produced and imported limes equitably.
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(a) Subject to this chapter, and to effectuate the declared purposes of this chapter, the Secretary shall issue and, from time to time, amend lime research, promotion, and consumer information orders applicable to handlers, producers, producer-handlers, and importers of limes. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
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(1) The Board shall be composed of—(A) 3 members who are producers and who are not exempt from an assessment under subsection (d)(5)(A);(B) 3 members who are importers and who are not exempt from an assessment under subsection (d)(5)(A); and(C) one member appointed from the general public.(B) The 3 members who are producers shall be appointed from individuals nominated by lime producers.(C) The 3 members who are importers shall be appointed from individuals nominated by lime importers.(D) The public representative shall be appointed from nominations of the Board.(E) If producers and importers fail to nominate individuals for appointment, the Secretary may appoint members on a basis provided for in the order. If the Board fails to nominate a public representative, such member may be appointed by the Secretary without a nomination.(F) The Secretary shall establish an initial Board from among nominations solicited by the Secretary. For the purpose of obtaining nominations for the members of the initial Board described in paragraph (1), the Secretary shall perform the functions of the Board under this subsection as the Secretary determines necessary and appropriate. The Secretary shall terminate the initial Board established under this subsection as soon as practicable after December 14, 1993.(G) The producer and importer representation on the Board shall be allocated on the basis of 2 producer members and 1 importer member from the district east of the Mississippi River and 1 producer member and 2 importer members from the district west of the Mississippi River.(A) be appointed in the same manner as the member for whom such individual is an alternate; and(B) serve on the Board if such member is absent from a meeting or is disqualified under paragraph (5).(4) The initial members of the Board appointed under the amended order shall serve a term of 30 months. Subsequent appointments to the Board shall be for a term of 3 years, except that—(A) 2 members shall be appointed for a term of 1 year;(B) 2 members shall be appointed for a term of 2 years; and(C) 3 members shall be appointed for a term of 3 years;as designated by the Secretary at the time of appointment.(5) If a member or alternate of the Board who was appointed as a producer, importer, or public representative ceases to belong to the group for which such member was appointed, such member or alternate shall be disqualified from serving on the Board.(6) Members and alternates of the Board shall serve without pay.(7) While away from their homes or regular places of business in the performance of duties for the Board, members and alternates shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under section 5703 of title 5.(8) The Board shall—(A) administer orders issued by the Secretary under section 6203(a) of this title, and amendments to such orders, in accordance with their terms and provisions and consistent with this chapter;(B) prescribe rules and regulations to effectuate the terms and provisions of such orders;(D) make recommendations to the Secretary with respect to amendments that should be made to such orders; and(E) employ a manager and staff.
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(2) Each budget shall include a plan for research, promotion, and consumer information regarding limes. A plan under this paragraph shall take effect on the approval of the Secretary. The Board may enter into contracts and agreements, with the approval of the Secretary, for—(A) the development and carrying out of such plan; and(B) the payment of the cost of such plan with funds collected pursuant to this chapter.
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(d) Such order shall provide for the imposition and collection of assessments with regard to the production and importation of limes as follows:(1) The assessment rate shall not exceed $.01 per pound of limes.(2) Except as provided in paragraph (4), the first handler of limes shall—(A) be responsible for the collection from the producer, and payment to the Board, of assessments under this subsection; and(B) maintain a separate record of the limes of each producer whose limes are so handled, including the limes owned by the handler.(3) For purposes of paragraph (2), a producer-handler shall be considered the first handler of limes produced by such producer-handler.(4) The assessment on imported limes shall be paid by the importer at the time of entry into the United States and shall be remitted to the Board.(5) The following persons are exempt from an assessment under this subsection—(B) a producer-handler who produces and handles less than 200,000 pounds of limes per year; and(6) To claim an exemption under paragraph (5) for a particular year, a person shall submit an application to the Board—(A) stating the basis for such exemption; and(B) certifying that such person will not exceed the limitation required for such exemption in such year.
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(1) The assessment rate shall not exceed $.01 per pound of limes.
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(2) Except as provided in paragraph (4), the first handler of limes shall—
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(3) For purposes of paragraph (2), a producer-handler shall be considered the first handler of limes produced by such producer-handler.
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(4) The assessment on imported limes shall be paid by the importer at the time of entry into the United States and shall be remitted to the Board.
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(B) a producer-handler who produces and handles less than 200,000 pounds of limes per year; and
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(1) any false or unwarranted claims on behalf of limes; and
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(2) any false or unwarranted statements with respect to the attributes or use of any product that competes with limes for sale in commerce.
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(1) provide authority to the Board to exempt from such order limes exported from the United States, subject to such safeguards as the Board may establish to ensure proper use of the exemption;
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(5) provide authority to the Board to use, with the approval of the Secretary, funds collected under section 6204(d) of this title for the development and expansion of lime sales in foreign markets; and
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(b) The Secretary may periodically conduct a referendum to determine if lime producers, producer-handlers, and importers favor the continuation, termination, or suspension of any order issued under section 6203(a) of this title and in effect at the time of such referendum.
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(2) if not less than 10 percent of the lime producers, producer-handlers, and importers subject to assessment under this chapter submit a petition requesting such a referendum.
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(2) the producers, producer-handlers, and importers comprising this majority produce and import more than 50 percent of the volume of limes produced and imported by those voting in the referendum.
Citations to §6202(7)
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(e) The Secretary shall suspend or terminate the order at the end of the marketing year if the Secretary determines that—(1) the suspension or termination of the order is favored by not less than a majority of those persons voting in a referendum under subsection (b); and(2) the producers, producer-handlers, and importers comprising this majority produce and import more than 50 percent of the volume of limes produced and imported by those voting in the referendum.
Citations to §6202(8)
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(a) Subject to this chapter, and to effectuate the declared purposes of this chapter, the Secretary shall issue and, from time to time, amend lime research, promotion, and consumer information orders applicable to handlers, producers, producer-handlers, and importers of limes. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
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(3) After notice and opportunity for public comment are given, as provided in paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with the requirements of this chapter.
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(a) An order issued by the Secretary under section 6203(a) of this title shall contain the terms and conditions described in this section and, except as provided in section 6205 of this title, no other terms or conditions.
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(1) The Board shall be composed of—(A) 3 members who are producers and who are not exempt from an assessment under subsection (d)(5)(A);(B) 3 members who are importers and who are not exempt from an assessment under subsection (d)(5)(A); and(C) one member appointed from the general public.(B) The 3 members who are producers shall be appointed from individuals nominated by lime producers.(C) The 3 members who are importers shall be appointed from individuals nominated by lime importers.(D) The public representative shall be appointed from nominations of the Board.(E) If producers and importers fail to nominate individuals for appointment, the Secretary may appoint members on a basis provided for in the order. If the Board fails to nominate a public representative, such member may be appointed by the Secretary without a nomination.(F) The Secretary shall establish an initial Board from among nominations solicited by the Secretary. For the purpose of obtaining nominations for the members of the initial Board described in paragraph (1), the Secretary shall perform the functions of the Board under this subsection as the Secretary determines necessary and appropriate. The Secretary shall terminate the initial Board established under this subsection as soon as practicable after December 14, 1993.(G) The producer and importer representation on the Board shall be allocated on the basis of 2 producer members and 1 importer member from the district east of the Mississippi River and 1 producer member and 2 importer members from the district west of the Mississippi River.(A) be appointed in the same manner as the member for whom such individual is an alternate; and(B) serve on the Board if such member is absent from a meeting or is disqualified under paragraph (5).(4) The initial members of the Board appointed under the amended order shall serve a term of 30 months. Subsequent appointments to the Board shall be for a term of 3 years, except that—(A) 2 members shall be appointed for a term of 1 year;(B) 2 members shall be appointed for a term of 2 years; and(C) 3 members shall be appointed for a term of 3 years;as designated by the Secretary at the time of appointment.(5) If a member or alternate of the Board who was appointed as a producer, importer, or public representative ceases to belong to the group for which such member was appointed, such member or alternate shall be disqualified from serving on the Board.(6) Members and alternates of the Board shall serve without pay.(7) While away from their homes or regular places of business in the performance of duties for the Board, members and alternates shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under section 5703 of title 5.(8) The Board shall—(A) administer orders issued by the Secretary under section 6203(a) of this title, and amendments to such orders, in accordance with their terms and provisions and consistent with this chapter;(B) prescribe rules and regulations to effectuate the terms and provisions of such orders;(D) make recommendations to the Secretary with respect to amendments that should be made to such orders; and(E) employ a manager and staff.
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(4) The initial members of the Board appointed under the amended order shall serve a term of 30 months. Subsequent appointments to the Board shall be for a term of 3 years, except that—(A) 2 members shall be appointed for a term of 1 year;(B) 2 members shall be appointed for a term of 2 years; and(C) 3 members shall be appointed for a term of 3 years;as designated by the Secretary at the time of appointment.
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(A) administer orders issued by the Secretary under section 6203(a) of this title, and amendments to such orders, in accordance with their terms and provisions and consistent with this chapter;
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(B) prescribe rules and regulations to effectuate the terms and provisions of such orders;
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(c) Such order shall provide for periodic budgets and plans as follows:(1) The Board shall prepare and submit to the Secretary a budget (on a fiscal period basis determined by the Secretary) of the anticipated expenses and disbursements of the Board in the administration of the order, including probable costs of research, promotion, and consumer information. A budget shall take effect on the approval of the Secretary.(2) Each budget shall include a plan for research, promotion, and consumer information regarding limes. A plan under this paragraph shall take effect on the approval of the Secretary. The Board may enter into contracts and agreements, with the approval of the Secretary, for—(A) the development and carrying out of such plan; and(B) the payment of the cost of such plan with funds collected pursuant to this chapter.
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(1) The Board shall prepare and submit to the Secretary a budget (on a fiscal period basis determined by the Secretary) of the anticipated expenses and disbursements of the Board in the administration of the order, including probable costs of research, promotion, and consumer information. A budget shall take effect on the approval of the Secretary.
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(d) Such order shall provide for the imposition and collection of assessments with regard to the production and importation of limes as follows:(1) The assessment rate shall not exceed $.01 per pound of limes.(2) Except as provided in paragraph (4), the first handler of limes shall—(A) be responsible for the collection from the producer, and payment to the Board, of assessments under this subsection; and(B) maintain a separate record of the limes of each producer whose limes are so handled, including the limes owned by the handler.(3) For purposes of paragraph (2), a producer-handler shall be considered the first handler of limes produced by such producer-handler.(4) The assessment on imported limes shall be paid by the importer at the time of entry into the United States and shall be remitted to the Board.(5) The following persons are exempt from an assessment under this subsection—(B) a producer-handler who produces and handles less than 200,000 pounds of limes per year; and(6) To claim an exemption under paragraph (5) for a particular year, a person shall submit an application to the Board—(A) stating the basis for such exemption; and(B) certifying that such person will not exceed the limitation required for such exemption in such year.
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(1) Such order shall provide that funds paid to the Board as assessments under subsection (d)—(A) may be used by the Board to—(i) pay for research, promotion, and consumer information described in the budget of the Board under subsection (c) and for other expenses incurred by the Board in the administration of an order;(ii) pay such other expenses for the administration, maintenance, and functioning of the Board as may be authorized by the Secretary; and(iii) fund a reserve established under section 6205(4) of this title; and(B) shall be used to pay the expenses incurred by the Secretary, including salaries and expenses of Government employees in implementing and administering the order, except as provided in paragraph (2).
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(i) pay for research, promotion, and consumer information described in the budget of the Board under subsection (c) and for other expenses incurred by the Board in the administration of an order;
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(B) shall be used to pay the expenses incurred by the Secretary, including salaries and expenses of Government employees in implementing and administering the order, except as provided in paragraph (2).
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(2) Such order shall provide that the Board shall reimburse the Secretary, from assessments collected under subsection (d), for any expenses incurred by the Secretary in conducting referenda under this chapter, except for the salaries of Government employees.
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(f) Such order shall provide that any promotion funded with assessments collected under subsection (d) may not make—(1) any false or unwarranted claims on behalf of limes; and(2) any false or unwarranted statements with respect to the attributes or use of any product that competes with limes for sale in commerce.
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(g) Such order shall provide that funds collected by the Board under this chapter through assessments authorized by this chapter may not, in any manner, be used for the purpose of influencing legislation or governmental policy or action, except for making recommendations to the Secretary as provided for in this chapter.
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(2) So that information and data will be available to the Board and the Secretary that is appropriate or necessary for the effectuation, administration, or enforcement of this chapter (or any order or regulation issued under this chapter), such order shall require handlers, producer-handlers, and importers who are responsible for the collection, payment, or remittance of assessments under subsection (d)—(A) to maintain and make available for inspection by the employees of the Board and the Secretary such books and records as may be required by the order; and(B) to file, at the times, in the manner, and having the content prescribed by the order, reports regarding the collection, payment, or remittance of such assessments.
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(B) to file, at the times, in the manner, and having the content prescribed by the order, reports regarding the collection, payment, or remittance of such assessments.
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(1) Such order shall require that all information obtained pursuant to subsection (h)(2) shall be kept confidential by all officers and employees of the Department and of the Board. Only such information as the Secretary considers relevant shall be disclosed to the public and only in a suit or administrative hearing, brought at the request of the Secretary or to which the Secretary or any officer of the United States is a party, involving the order with respect to which the information was furnished or acquired.
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(A) issuance of general statements based on the reports of a number of handlers, producer-handlers, and importers subject to an order, if the statements do not identify the information furnished by any person; or
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On the recommendation of the Board and with the approval of the Secretary, an order issued under section 6203(a) of this title may—
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(1) provide authority to the Board to exempt from such order limes exported from the United States, subject to such safeguards as the Board may establish to ensure proper use of the exemption;
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(B) necessary to effectuate the other provisions of such order.
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(a) Each district court of the United States shall have jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any order or regulation made or issued by the Secretary under this chapter.
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(b) A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action, except that the Secretary is not required to refer to the Attorney General a violation of this chapter, or any order or regulation issued under this chapter, if the Secretary believes that the administration and enforcement of this chapter would be adequately served by administrative action under subsection (c) or suitable written notice or warning to any person committing the violation.
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(1) Any person who willfully violates any provision of any order or regulation issued by the Secretary under this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of the person under the order or regulation, may be assessed a civil penalty by the Secretary of not less than $500 nor more than $5,000 for each such violation. Each violation shall be a separate offense.
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(4) The order of the Secretary assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the person against whom the order is issued files an appeal from such order with the appropriate district court of the United States, in accordance with subsection (d).
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(1) Any person against whom a violation is found and a civil penalty assessed or cease and desist order issued under subsection (c) may obtain review of the penalty or order in the district court of the United States for the district in which such person resides or does business, or the United States District Court for the District of Columbia, by—(A) filing a notice of appeal in such court not later than 30 days after the date of such order; and(B) simultaneously sending a copy of such notice by certified mail to the Secretary.
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(A) filing a notice of appeal in such court not later than 30 days after the date of such order; and
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(e) Any person who fails to obey a cease and desist order issued by the Secretary after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review under the procedures specified in subsections (c) and (d), of not more than $500 for each offense. Each day during which such failure continues shall be considered a separate violation of such order.
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(f) If a person fails to pay an assessment of a civil penalty after it has become a final and unappealable order issued by the Secretary, or after the appropriate United States district court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in the district court of the United States in any district in which the person resides or conducts business. In such action, the validity and appropriateness of the final order imposing such civil penalty shall not be subject to review.
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(c) In case of contumacy by, or refusal to obey a subpoena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in order to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring such person to comply with such a subpoena.
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(d) Any failure to obey such order of the court may be punished by such court as a contempt thereof.
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(a) Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title, the Secretary shall conduct a referendum among producers, producer-handlers, and importers who—(1) are not exempt from assessment under section 6204(d)(5) of this title; and
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(b) The referendum referred to in subsection (a) is for the purpose of determining whether the issuance of the order is approved or favored by not less than a majority of the producers, producer-handlers, and importers voting in the referendum. The order shall continue in effect only with such a majority.
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(2) If the order is approved by a majority of the producers, producer-handlers, and importers voting in the initial referendum under subsection (a), the funds in the escrow account shall be released to be used for the purposes of this chapter.
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(b) The Secretary may periodically conduct a referendum to determine if lime producers, producer-handlers, and importers favor the continuation, termination, or suspension of any order issued under section 6203(a) of this title and in effect at the time of such referendum.
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(e) The Secretary shall suspend or terminate the order at the end of the marketing year if the Secretary determines that—(1) the suspension or termination of the order is favored by not less than a majority of those persons voting in a referendum under subsection (b); and(2) the producers, producer-handlers, and importers comprising this majority produce and import more than 50 percent of the volume of limes produced and imported by those voting in the referendum.
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(1) the suspension or termination of the order is favored by not less than a majority of those persons voting in a referendum under subsection (b); and
Citations to §6202(9)
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(7) While away from their homes or regular places of business in the performance of duties for the Board, members and alternates shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under section 5703 of title 5.
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(5) The following persons are exempt from an assessment under this subsection—(B) a producer-handler who produces and handles less than 200,000 pounds of limes per year; and
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(6) To claim an exemption under paragraph (5) for a particular year, a person shall submit an application to the Board—(A) stating the basis for such exemption; and(B) certifying that such person will not exceed the limitation required for such exemption in such year.
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(B) certifying that such person will not exceed the limitation required for such exemption in such year.
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(A) issuance of general statements based on the reports of a number of handlers, producer-handlers, and importers subject to an order, if the statements do not identify the information furnished by any person; or
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(2) A person submitting a petition under paragraph (1) shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
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(1) The district courts of the United States in any district in which such person who is a petitioner under subsection (a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a).
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(a) Each district court of the United States shall have jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any order or regulation made or issued by the Secretary under this chapter.
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(b) A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action, except that the Secretary is not required to refer to the Attorney General a violation of this chapter, or any order or regulation issued under this chapter, if the Secretary believes that the administration and enforcement of this chapter would be adequately served by administrative action under subsection (c) or suitable written notice or warning to any person committing the violation.
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(1) Any person who willfully violates any provision of any order or regulation issued by the Secretary under this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of the person under the order or regulation, may be assessed a civil penalty by the Secretary of not less than $500 nor more than $5,000 for each such violation. Each violation shall be a separate offense.
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(4) The order of the Secretary assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the person against whom the order is issued files an appeal from such order with the appropriate district court of the United States, in accordance with subsection (d).
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(1) Any person against whom a violation is found and a civil penalty assessed or cease and desist order issued under subsection (c) may obtain review of the penalty or order in the district court of the United States for the district in which such person resides or does business, or the United States District Court for the District of Columbia, by—(A) filing a notice of appeal in such court not later than 30 days after the date of such order; and(B) simultaneously sending a copy of such notice by certified mail to the Secretary.
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(e) Any person who fails to obey a cease and desist order issued by the Secretary after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review under the procedures specified in subsections (c) and (d), of not more than $500 for each offense. Each day during which such failure continues shall be considered a separate violation of such order.
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(f) If a person fails to pay an assessment of a civil penalty after it has become a final and unappealable order issued by the Secretary, or after the appropriate United States district court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in the district court of the United States in any district in which the person resides or conducts business. In such action, the validity and appropriateness of the final order imposing such civil penalty shall not be subject to review.
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(c) In case of contumacy by, or refusal to obey a subpoena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in order to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring such person to comply with such a subpoena.
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(c) The ballots and other information or reports that reveal, or tend to reveal, the vote of any person under this section, or section 6210 of this title, shall be held strictly confidential and shall not be disclosed.
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(1) the suspension or termination of the order is favored by not less than a majority of those persons voting in a referendum under subsection (b); and
Citations to §6202(10)
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(a) Subject to this chapter, and to effectuate the declared purposes of this chapter, the Secretary shall issue and, from time to time, amend lime research, promotion, and consumer information orders applicable to handlers, producers, producer-handlers, and importers of limes. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
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(A) 3 members who are producers and who are not exempt from an assessment under subsection (d)(5)(A);
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(a) Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title, the Secretary shall conduct a referendum among producers, producer-handlers, and importers who—(1) are not exempt from assessment under section 6204(d)(5) of this title; and
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(b) The referendum referred to in subsection (a) is for the purpose of determining whether the issuance of the order is approved or favored by not less than a majority of the producers, producer-handlers, and importers voting in the referendum. The order shall continue in effect only with such a majority.
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(1) A portion of the assessments collected from producers, producer-handlers, and importers prior to announcement of the results of the referendum provided for in this section shall be held in an escrow account until the results of the referendum are published by the Secretary. The amount in the escrow account shall be equal to the product obtained by multiplying the total amount of assessments collected during such period by 10 percent.
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(2) If the order is approved by a majority of the producers, producer-handlers, and importers voting in the initial referendum under subsection (a), the funds in the escrow account shall be released to be used for the purposes of this chapter.
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(A) If—(i) the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and(ii) the plan is not approved pursuant to the referendum conducted under subsection (a);the Board shall prorate the amount of such refunds among all eligible producers, producer-handlers, or importers who demand such refund.
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(i) the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and
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(B) A producer, producer-handler, or importer shall be eligible to receive a refund—(i) if demand is made personally, in accordance with regulations and on a form and within a time period prescribed by the Board, but in no event less than 90 days after the date of publication of the results of the referendum; and
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(b) The Secretary may periodically conduct a referendum to determine if lime producers, producer-handlers, and importers favor the continuation, termination, or suspension of any order issued under section 6203(a) of this title and in effect at the time of such referendum.
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(2) if not less than 10 percent of the lime producers, producer-handlers, and importers subject to assessment under this chapter submit a petition requesting such a referendum.
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(2) the producers, producer-handlers, and importers comprising this majority produce and import more than 50 percent of the volume of limes produced and imported by those voting in the referendum.
Citations to §6202(11)
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(a) Subject to this chapter, and to effectuate the declared purposes of this chapter, the Secretary shall issue and, from time to time, amend lime research, promotion, and consumer information orders applicable to handlers, producers, producer-handlers, and importers of limes. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
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(3) For purposes of paragraph (2), a producer-handler shall be considered the first handler of limes produced by such producer-handler.
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(B) a producer-handler who produces and handles less than 200,000 pounds of limes per year; and
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(2) So that information and data will be available to the Board and the Secretary that is appropriate or necessary for the effectuation, administration, or enforcement of this chapter (or any order or regulation issued under this chapter), such order shall require handlers, producer-handlers, and importers who are responsible for the collection, payment, or remittance of assessments under subsection (d)—(A) to maintain and make available for inspection by the employees of the Board and the Secretary such books and records as may be required by the order; and(B) to file, at the times, in the manner, and having the content prescribed by the order, reports regarding the collection, payment, or remittance of such assessments.
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(A) issuance of general statements based on the reports of a number of handlers, producer-handlers, and importers subject to an order, if the statements do not identify the information furnished by any person; or
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(a) Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title, the Secretary shall conduct a referendum among producers, producer-handlers, and importers who—(1) are not exempt from assessment under section 6204(d)(5) of this title; and
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(b) The referendum referred to in subsection (a) is for the purpose of determining whether the issuance of the order is approved or favored by not less than a majority of the producers, producer-handlers, and importers voting in the referendum. The order shall continue in effect only with such a majority.
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(1) A portion of the assessments collected from producers, producer-handlers, and importers prior to announcement of the results of the referendum provided for in this section shall be held in an escrow account until the results of the referendum are published by the Secretary. The amount in the escrow account shall be equal to the product obtained by multiplying the total amount of assessments collected during such period by 10 percent.
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(2) If the order is approved by a majority of the producers, producer-handlers, and importers voting in the initial referendum under subsection (a), the funds in the escrow account shall be released to be used for the purposes of this chapter.
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(A) If—(i) the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and(ii) the plan is not approved pursuant to the referendum conducted under subsection (a);the Board shall prorate the amount of such refunds among all eligible producers, producer-handlers, or importers who demand such refund.
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(i) the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and
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(B) A producer, producer-handler, or importer shall be eligible to receive a refund—(i) if demand is made personally, in accordance with regulations and on a form and within a time period prescribed by the Board, but in no event less than 90 days after the date of publication of the results of the referendum; and
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(b) The Secretary may periodically conduct a referendum to determine if lime producers, producer-handlers, and importers favor the continuation, termination, or suspension of any order issued under section 6203(a) of this title and in effect at the time of such referendum.
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(2) if not less than 10 percent of the lime producers, producer-handlers, and importers subject to assessment under this chapter submit a petition requesting such a referendum.
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(2) the producers, producer-handlers, and importers comprising this majority produce and import more than 50 percent of the volume of limes produced and imported by those voting in the referendum.
Citations to §6202(12)
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(6) a coordinated program of research, promotion, and consumer information regarding limes is necessary for the maintenance and development of such markets; and
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(1) to authorize the establishment of an orderly procedure for the development and financing (through an adequate assessment) of an effective and coordinated program of research, promotion, and consumer information regarding limes designed—
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(a) Subject to this chapter, and to effectuate the declared purposes of this chapter, the Secretary shall issue and, from time to time, amend lime research, promotion, and consumer information orders applicable to handlers, producers, producer-handlers, and importers of limes. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
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(1) The Board shall prepare and submit to the Secretary a budget (on a fiscal period basis determined by the Secretary) of the anticipated expenses and disbursements of the Board in the administration of the order, including probable costs of research, promotion, and consumer information. A budget shall take effect on the approval of the Secretary.
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(2) Each budget shall include a plan for research, promotion, and consumer information regarding limes. A plan under this paragraph shall take effect on the approval of the Secretary. The Board may enter into contracts and agreements, with the approval of the Secretary, for—(A) the development and carrying out of such plan; and(B) the payment of the cost of such plan with funds collected pursuant to this chapter.
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(i) pay for research, promotion, and consumer information described in the budget of the Board under subsection (c) and for other expenses incurred by the Board in the administration of an order;
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(f) Such order shall provide that any promotion funded with assessments collected under subsection (d) may not make—(1) any false or unwarranted claims on behalf of limes; and(2) any false or unwarranted statements with respect to the attributes or use of any product that competes with limes for sale in commerce.
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(4) provide authority to the Board to accumulate reserve funds from assessments collected pursuant to section 6204(d) of this title to permit an effective and continuous coordinated program of research, promotion, and consumer information, in years in which production and assessment income may be reduced, except that any reserve fund so established may not exceed the amount budgeted for operation of this chapter for 1 year;
Citations to §6202(13)
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(6) a coordinated program of research, promotion, and consumer information regarding limes is necessary for the maintenance and development of such markets; and
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(1) to authorize the establishment of an orderly procedure for the development and financing (through an adequate assessment) of an effective and coordinated program of research, promotion, and consumer information regarding limes designed—
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(a) Subject to this chapter, and to effectuate the declared purposes of this chapter, the Secretary shall issue and, from time to time, amend lime research, promotion, and consumer information orders applicable to handlers, producers, producer-handlers, and importers of limes. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
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(1) The Board shall prepare and submit to the Secretary a budget (on a fiscal period basis determined by the Secretary) of the anticipated expenses and disbursements of the Board in the administration of the order, including probable costs of research, promotion, and consumer information. A budget shall take effect on the approval of the Secretary.
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(2) Each budget shall include a plan for research, promotion, and consumer information regarding limes. A plan under this paragraph shall take effect on the approval of the Secretary. The Board may enter into contracts and agreements, with the approval of the Secretary, for—(A) the development and carrying out of such plan; and(B) the payment of the cost of such plan with funds collected pursuant to this chapter.
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(i) pay for research, promotion, and consumer information described in the budget of the Board under subsection (c) and for other expenses incurred by the Board in the administration of an order;
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(4) provide authority to the Board to accumulate reserve funds from assessments collected pursuant to section 6204(d) of this title to permit an effective and continuous coordinated program of research, promotion, and consumer information, in years in which production and assessment income may be reduced, except that any reserve fund so established may not exceed the amount budgeted for operation of this chapter for 1 year;
Citations to §6202(14)
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(a) Subject to this chapter, and to effectuate the declared purposes of this chapter, the Secretary shall issue and, from time to time, amend lime research, promotion, and consumer information orders applicable to handlers, producers, producer-handlers, and importers of limes. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
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(3) After notice and opportunity for public comment are given, as provided in paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with the requirements of this chapter.
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(a) An order issued by the Secretary under section 6203(a) of this title shall contain the terms and conditions described in this section and, except as provided in section 6205 of this title, no other terms or conditions.
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(F) The Secretary shall establish an initial Board from among nominations solicited by the Secretary. For the purpose of obtaining nominations for the members of the initial Board described in paragraph (1), the Secretary shall perform the functions of the Board under this subsection as the Secretary determines necessary and appropriate. The Secretary shall terminate the initial Board established under this subsection as soon as practicable after December 14, 1993.
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(A) be appointed in the same manner as the member for whom such individual is an alternate; and(B) serve on the Board if such member is absent from a meeting or is disqualified under paragraph (5).
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(4) The initial members of the Board appointed under the amended order shall serve a term of 30 months. Subsequent appointments to the Board shall be for a term of 3 years, except that—(A) 2 members shall be appointed for a term of 1 year;(B) 2 members shall be appointed for a term of 2 years; and(C) 3 members shall be appointed for a term of 3 years;as designated by the Secretary at the time of appointment.
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(A) administer orders issued by the Secretary under section 6203(a) of this title, and amendments to such orders, in accordance with their terms and provisions and consistent with this chapter;
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(1) The Board shall prepare and submit to the Secretary a budget (on a fiscal period basis determined by the Secretary) of the anticipated expenses and disbursements of the Board in the administration of the order, including probable costs of research, promotion, and consumer information. A budget shall take effect on the approval of the Secretary.
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(2) Each budget shall include a plan for research, promotion, and consumer information regarding limes. A plan under this paragraph shall take effect on the approval of the Secretary. The Board may enter into contracts and agreements, with the approval of the Secretary, for—(A) the development and carrying out of such plan; and(B) the payment of the cost of such plan with funds collected pursuant to this chapter.
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(B) shall be used to pay the expenses incurred by the Secretary, including salaries and expenses of Government employees in implementing and administering the order, except as provided in paragraph (2).
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(2) Such order shall provide that the Board shall reimburse the Secretary, from assessments collected under subsection (d), for any expenses incurred by the Secretary in conducting referenda under this chapter, except for the salaries of Government employees.
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(g) Such order shall provide that funds collected by the Board under this chapter through assessments authorized by this chapter may not, in any manner, be used for the purpose of influencing legislation or governmental policy or action, except for making recommendations to the Secretary as provided for in this chapter.
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(2) So that information and data will be available to the Board and the Secretary that is appropriate or necessary for the effectuation, administration, or enforcement of this chapter (or any order or regulation issued under this chapter), such order shall require handlers, producer-handlers, and importers who are responsible for the collection, payment, or remittance of assessments under subsection (d)—(A) to maintain and make available for inspection by the employees of the Board and the Secretary such books and records as may be required by the order; and(B) to file, at the times, in the manner, and having the content prescribed by the order, reports regarding the collection, payment, or remittance of such assessments.
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(1) Such order shall require that all information obtained pursuant to subsection (h)(2) shall be kept confidential by all officers and employees of the Department and of the Board. Only such information as the Secretary considers relevant shall be disclosed to the public and only in a suit or administrative hearing, brought at the request of the Secretary or to which the Secretary or any officer of the United States is a party, involving the order with respect to which the information was furnished or acquired.
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On the recommendation of the Board and with the approval of the Secretary, an order issued under section 6203(a) of this title may—
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(5) provide authority to the Board to use, with the approval of the Secretary, funds collected under section 6204(d) of this title for the development and expansion of lime sales in foreign markets; and
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(2) A person submitting a petition under paragraph (1) shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
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(3) After the hearing, the Secretary shall make a ruling on the petition which shall be final if in accordance with law.
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(1) The district courts of the United States in any district in which such person who is a petitioner under subsection (a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a).
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(3) If the court determines that the ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions either—(A) to make such ruling as the court shall determine to be in accordance with law; or(B) to take such further action as, in the opinion of the court, the law requires.
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(4) The pendency of proceedings instituted pursuant to subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section 6207 of this title.
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(a) Each district court of the United States shall have jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any order or regulation made or issued by the Secretary under this chapter.
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(b) A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action, except that the Secretary is not required to refer to the Attorney General a violation of this chapter, or any order or regulation issued under this chapter, if the Secretary believes that the administration and enforcement of this chapter would be adequately served by administrative action under subsection (c) or suitable written notice or warning to any person committing the violation.
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(1) Any person who willfully violates any provision of any order or regulation issued by the Secretary under this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of the person under the order or regulation, may be assessed a civil penalty by the Secretary of not less than $500 nor more than $5,000 for each such violation. Each violation shall be a separate offense.
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(4) The order of the Secretary assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the person against whom the order is issued files an appeal from such order with the appropriate district court of the United States, in accordance with subsection (d).
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(B) simultaneously sending a copy of such notice by certified mail to the Secretary.
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(3) A finding of the Secretary shall be set aside only if the finding is found to be unsupported by substantial evidence.
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(e) Any person who fails to obey a cease and desist order issued by the Secretary after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review under the procedures specified in subsections (c) and (d), of not more than $500 for each offense. Each day during which such failure continues shall be considered a separate violation of such order.
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(f) If a person fails to pay an assessment of a civil penalty after it has become a final and unappealable order issued by the Secretary, or after the appropriate United States district court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in the district court of the United States in any district in which the person resides or conducts business. In such action, the validity and appropriateness of the final order imposing such civil penalty shall not be subject to review.
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(1) for the effective carrying out of the responsibilities of the Secretary under this chapter; or
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(1) for the effective carrying out of the responsibilities of the Secretary under this chapter; or
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(1) For the purpose of an investigation made under subsection (a), the Secretary may administer oaths and affirmations and may issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States.
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(c) In case of contumacy by, or refusal to obey a subpoena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in order to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring such person to comply with such a subpoena.
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(a) Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title, the Secretary shall conduct a referendum among producers, producer-handlers, and importers who—(1) are not exempt from assessment under section 6204(d)(5) of this title; and
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(1) A portion of the assessments collected from producers, producer-handlers, and importers prior to announcement of the results of the referendum provided for in this section shall be held in an escrow account until the results of the referendum are published by the Secretary. The amount in the escrow account shall be equal to the product obtained by multiplying the total amount of assessments collected during such period by 10 percent.
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(b) The Secretary may periodically conduct a referendum to determine if lime producers, producer-handlers, and importers favor the continuation, termination, or suspension of any order issued under section 6203(a) of this title and in effect at the time of such referendum.
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(c) The Secretary shall hold a referendum under subsection (b)—(1) at the request of the Board; or(2) if not less than 10 percent of the lime producers, producer-handlers, and importers subject to assessment under this chapter submit a petition requesting such a referendum.
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(e) The Secretary shall suspend or terminate the order at the end of the marketing year if the Secretary determines that—(1) the suspension or termination of the order is favored by not less than a majority of those persons voting in a referendum under subsection (b); and(2) the producers, producer-handlers, and importers comprising this majority produce and import more than 50 percent of the volume of limes produced and imported by those voting in the referendum.
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The Secretary may issue such regulations as are necessary to carry out this chapter.
Citations to §6202(15)(A)
Citations to §6202(15)(B)
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(4) in recent years, large quantities of limes have been imported into the United States;
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(4) The assessment on imported limes shall be paid by the importer at the time of entry into the United States and shall be remitted to the Board.
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(1) Such order shall require that all information obtained pursuant to subsection (h)(2) shall be kept confidential by all officers and employees of the Department and of the Board. Only such information as the Secretary considers relevant shall be disclosed to the public and only in a suit or administrative hearing, brought at the request of the Secretary or to which the Secretary or any officer of the United States is a party, involving the order with respect to which the information was furnished or acquired.
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(1) provide authority to the Board to exempt from such order limes exported from the United States, subject to such safeguards as the Board may establish to ensure proper use of the exemption;
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(1) The district courts of the United States in any district in which such person who is a petitioner under subsection (a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a).
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(a) Each district court of the United States shall have jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any order or regulation made or issued by the Secretary under this chapter.
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(4) The order of the Secretary assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the person against whom the order is issued files an appeal from such order with the appropriate district court of the United States, in accordance with subsection (d).
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(1) Any person against whom a violation is found and a civil penalty assessed or cease and desist order issued under subsection (c) may obtain review of the penalty or order in the district court of the United States for the district in which such person resides or does business, or the United States District Court for the District of Columbia, by—(A) filing a notice of appeal in such court not later than 30 days after the date of such order; and(B) simultaneously sending a copy of such notice by certified mail to the Secretary.
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(e) Any person who fails to obey a cease and desist order issued by the Secretary after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review under the procedures specified in subsections (c) and (d), of not more than $500 for each offense. Each day during which such failure continues shall be considered a separate violation of such order.
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(f) If a person fails to pay an assessment of a civil penalty after it has become a final and unappealable order issued by the Secretary, or after the appropriate United States district court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in the district court of the United States in any district in which the person resides or conducts business. In such action, the validity and appropriateness of the final order imposing such civil penalty shall not be subject to review.
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(1) For the purpose of an investigation made under subsection (a), the Secretary may administer oaths and affirmations and may issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States.
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(2) For the purpose of an administrative hearing held under section 6206 or 6207 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States.
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(c) In case of contumacy by, or refusal to obey a subpoena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in order to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring such person to comply with such a subpoena.